- Title
- Philippine Airlines, Inc. vs. National Labor Relations Commission
- Case
- G.R. No. 87353
- Decision Date
- Jul 3, 1991
- A Duty Manager at Philippine Airlines is dismissed from employment after admitting to using falsified tickets, leading the Supreme Court to rule in favor of the airline and uphold the validity of the dismissal.
275 Phil. 827
FIRST DIVISION
[ G.R. No. 87353. July 03, 1991 ] PHILIPPINE AIRLINES, INC., PEDRO MARTIRES, JR. AND MANUEL PANLILIO, PETITIONERS, VS. NATIONAL LABOR RELATIONS COMMISSION, LABOR ARBITER EDGARDO M. MADRIAGA, CARMENCITA NANNETTE G. DE VEYRA, RESPONDENTS.
D E C I S I O N
D E C I S I O N
MEDIALDEA, J.:
This is a petition for certiorari with prayer for a preliminary injunction and/or restraining order seeking reversal of the decision of public respondent National Labor Relations Commission dated November 29, 1988 ordering, inter alia, reinstatement of private respondent Carmencita Nannette G. De Veyra to her former position with backwages; and its resolution dated February 21, 1989 denying the motion for reconsideration.
The antecedent facts are as follows:
On September 11, 1987, private respondent Carmencita Nannette G. De Veyra, a Duty Manager, filed a complaint for illegal suspension, non-payment of salaries and other benefits, as well as moral and exemplary damages against petitioners Philippine Airlines, Inc., Pedro Martires, Jr. and Manuel Panlilio. Conciliation conferences were conducted on September 30, 1987 and October 9, 1987. However, in the conciliation hearing on October 26, 1987, De Veyra's counsel manifested that due to her dismissal in the interim, they are no longer willing to settle the case amicably. Hence, without prejudice to the filing of an amended complaint by De Veyra, both parties were directed to file their position papers on November 12, 1987 and their replies thereto on November 23, 1987, after which the case will be deemed submitted for decision.
On October 27, 1987, De Veyra filed an amended complaint for illegal suspension, illegal dismissal and unpaid wages with claim for reinstatement; actual, moral and exemplary damages; and attorney's fees and cost of suit.
On November 23, 1987, PAL submitted its position paper, alleging the following facts (pp. 47-50, Rollo):
On the other hand, De Veyra in her position paper alleged the following facts (pp. 50-57, Rollo):
On May 31, 1988, the Labor Arbiter rendered its decision, the dispositive portion of which reads (p. 82, Rollo):
On appeal, the Labor Arbiter's decision was modified by the NLRC, the dispositive portion of which reads (pp. 66-67, Rollo):
The motion for reconsideration was denied (p. 68, Rollo). Hence, the present petition.
On April 10, 1989, We issued a temporary restraining order enjoining the execution of the questioned decision and resolution of the NLRC (pp. 98-99, Rollo).
The issue is whether or not De Veyra was dismissed illegally from employment.
PAL imputes grave abuse of discretion on the part of the NLRC: (1) in disregarding its evidence and the ineluctable conclusions therefrom; (2) in holding that there was no basis for PAL's loss of trust and confidence in De Veyra; (3) in holding that De Veyra was not afforded due process; and (4) in ordering reinstatement of De Veyra notwithstanding existing jurisprudence on the matter.
For a clearer appreciation of the circumstances which led to the dismissal of De Veyra from employment, it is necessary to discuss first PAL's policy on trip pass benefit and the mechanics for availment thereof. Among the various fringe benefits PAL extends to its employees is a trip pass benefit which entitles these employees as well as their dependents to travel via PAL free of charge. This benefit, however, is subject to company policies, rules and regulations. The extent of the benefit depends upon the employee's rank, position and years of service with the company. De Veyra, who was at that time Senior Supervisor, was entitled to economy class accommodation (pp. 83-85, Rollo). An employee eligible for a trip pass must apply therefor by accomplishing an application form (p. 86, Rollo). Tickets are then issued against the trip pass authorization. In the issuance of the ticket, the issuing clerk at the ticket office writes on the blank portions of the audit coupon certain data including the priority and travel classification code of the employee. Entries written on the audit coupon are automatically reproduced by carbon copying on the succeeding flight coupons. In the case of De Veyra's tickets, entries written on the audit coupons were different from the entries written on the flight coupons. The priority code first written on the audit coupons was Q/G4/F or first class. This was reproduced on the flight coupons. Thereafter, "Y" was superimposed an "F," and "C" was added after "Y" but only on the audit coupons. Thus, as a result thereof, the priority code on the audit coupons seemed to be Q/G4/YC to make it appear to the accountants of PAL that it conformed with the travel priority of De Veyra appearing on the travel authorization, which was Q/G4/YC or economy class (pp. 86-87, Rollo). As regards De Veyra's husband, his priority classification was S/H5/Y or economy class. The audit coupons of his tickets did not indicate said code. However, on the "Fare Basis" column on the audit coupons, letter "Y" was written. In contrast, the flight coupons of said tickets showed priority code Q/F3/Y/F or first class written on the "Tour Code" column. On the "Fare Basis" column, a capital letter "F" was written following letter "Y" and therefore read "Y/F." Priority Code Q/F3/Y/F corresponds to the travel and space classification of employees and their dependents who were given a seventy-five percent (75%) discount of the regular fare. Since his tickets reflected an "FOC" or free of charge, this was an indication that he did not pay the discounted fare corresponding to the priority code Q/F3/Y/F which he used in his travel (p. 13, Rollo).
Now, upgrading of priority and space classification, such as from economy class to first class, must be authorized by designated company officials through the issuance of a form referred to as special airport concession. However, in the said authorized upgrading, entries on the tickets are not altered to reflect a higher space entitlement. The ticket would still bear economy class entitlement but during the boarding process, the upgrading would be effected. Special airport concessions are issued only for valid reasons, namely, in favor of high government officials and severely inconvenienced revenue paying passengers (pp. 25-26, Rollo). According to De Veyra, a certain Minda Santiago of Sanyo Travel secured their first class accommodations. Minda Santiago represented to them that she was close to PAL's top executives and can easily get the required authorization for the upgrading of their accommodations (p. 5, supra). Yet, this defense was never substantiated by De Veyra either by presenting Minda Santiago personally to testify or submitting her affidavit. More importantly, there was no authorization for the upgrading of their accommodations, at all.
The administrative charge against De Veyra was based on her and her husband's use of trip passes which were falsified to reflect a higher priority and space classification than what they were entitled to on vacation travel when the trip passes were issued (p. 91, Rollo). It is an established fact that the De Veyras used first class trip passes, but what is disputed is whether or not their trip passes/tickets were falsified. The NLRC and De Veyra limit the definition of the word "falsify" either to tamper with or alter. That is not so. The word refers likewise either to represent falsely, distort or violate the truth (Webster's Third New International Dictionary, 1986 Edition, p. 820; see Black's Law Dictionary, 1987 Edition, p. 542). Inasmuch as their tickets did not speak the truth, those were undoubtedly falsified. Having been employed with the company for twenty (20) years and familiar with its policies and procedures, De Veyra was, therefore, aware that in accordance with PAL's policy and in the absence of a valid authorization for upgrading of priority and space classification, she and her husband were entitled to economy accommodation only.
Mention may be made of another circumstance which proves the falsity of De Veyra's tickets. In relation to her entitlement to travel benefits, she secured a Philippine Tourism Authority Reduced Travel Tax Certificate (p. 87, Rollo) entitling her to pay a reduced travel tax of only P810.00. This amount represents payment for economy travel. The certificate itself provided that it referred only to economy class travel and not first class passage. The certificate was purportedly presented for the purpose of availment of the reduced travel tax privilege of airline employees. However, the entries appearing on the bottom left portion of her tickets reflected a travel tax payment of P1,350.00, corresponding to first class passage (pp. 86-87, Rollo).
In ruling that PAL has not proven the culpability of De Veyra, the NLRC ignored PAL's ample evidence before it. It resolved the controversy based on a shallow analysis thereof, which was supported by the Solicitor General (p. 62, Rollo):
While De Veyra may not have known about the alteration performed on the audit coupons, she cannot feign ignorance about the falsity of their tickets, as discussed previously. And, it is not even necessary to prove De Veyra's participation in the falsification of their tickets. What is material is their use of trip passes which were falsified to reflect a higher priority and space classification than what they were entitled to on vacation travel when the trip passes were issued, supra, which served as the basis for PAL to have lost its trust and confidence on De Veyra. By and large, this Court has continually recognized the right of the employer to dismiss an employee on the ground of loss of confidence or breach of trust (Atlas Consolidated Mining and Development Corporation v. NLRC, et al., G.R. No. 75755, November 24, 1988, 167 SCRA 758; San Miguel Corporation v. NLRC, et al., G.R. No. 50321, March 13, 1984, 128 SCRA 180; Central Textile Mills, Inc. v. NLRC, et al., G.R. No. 50150, May 3, 1979, 90 SCRA 9; Valladolid v. Inciong, etc., et al., G.R. No. 52364, March 25, 1983, 121 SCRA 205; Dole Philippines, Inc. v. NLRC, et al., G.R. No. 55413, July 25, 1983, 123 SCRA 673; Tabacalera Insurance Co., et al. v. NLRC, et al., G.R. No. 72555, July 31, 1987, 152 SCRA 667; Riker v. Ople, et al., G.R. No. 50492, October 27, 1987, 155 SCRA 85). In fact, the mere existence of a basis for believing that the employee has breached the trust and confidence reposed on him by his employer is sufficient ground for dismissal (Sea-Land Service, Inc. v. NLRC, et al., G.R. No. 68212, May 24, 1985, 136 SCRA 544). More so, in the case of a supervisor or other personnel occupying positions of responsibility, the loss of the trust and confidence by their employer may justify their termination (Associated Citizens Bank v. Ople, etc., et al., G.R. No. L-48896, February 24, 1981, 103 SCRA 130; New Frontier Mines, Inc. v. NLRC, et al., G.R. No. 51578, May 29, 1984, 129 SCRA 502; Reynolds Philippine Corporation v. Eslava, etc., et al., G.R. No. L-48814, June 27, 1985, 137 SCRA 259).
Aside from finding that there was no legal cause for De Veyra's dismissal from employment, the NLRC also ruled that her dismissal was arbitrary because she was not granted a hearing on the charge against her, in total disregard of PAL's Code of Discipline which, inter alia, provides that (p. 65, Rollo):
As stated earlier, sometime in August, 1987, the Internal Audit and Control Department of PAL conducted a review of the tickets issued by the Interline Ticket Counter because of the uncovering of widespread fraud and manipulation of tickets by several of PAL's employees that resulted to their eventual termination from the firm. It was on this occasion that said department was able to confirm cases of tampering and fraudulent manipulation of official documents, some of which involved the travel documents of De Veyra and her husband. A memorandum was issued by the Vice President of the Internal Audit and Control Department to this effect addressed to the Senior Vice President for Customer Services Group. On August 26, 1987, the Notice of Administrative Charge was sent to De Veyra. On September 11, 1987, she requested additional time within which to study and evaluate her defense. On September 18, 1987, her request was granted. She was allowed until September 29, 1987 to file her answer. On September 24, 1987, De Veyra submitted her sworn statement wherein she admitted having used tickets bearing the upgraded priority classification. She mentioned Minda Santiago as the person who arranged the upgrading of their trip passes. On October 16, 1987, De Veyra's services were terminated by PAL. Taking into account these circumstances, it cannot be said that De Veyra was denied administrative due process of law simply because the aforequoted provision was not observed by PAL. There is no violation of due process even if no hearing was conducted where a chance to explain a party's side of the controversy was accorded to him. What is frowned upon is the denial of the opportunity to be heard (Eden, et al. v. Ministry of Labor and Employment, et al., G.R. No. 72145, February 28, 1990, 182 SCRA 840; Asprec v. Itchon, et al., G.R. No. L-21685, April 30, 1966, 16 SCRA 921). Since De Veyra admitted in her sworn statement having used tickets bearing the upgraded priority classification; the documentary evidence of PAL already proved the falsity of the tickets; and De Veyra was aware of this falsity, there was no necessity for the parties to undergo the ritual of holding a hearing.
To reiterate, there was a legal ground for PAL's termination of the services of De Veyra. We are not persuaded by the opinion advanced by the NLRC that (p. 63, Rollo):
"Even assuming, arguendo, that (De Veyra) was guilty still, the supreme penalty of dismissal was greatly disproportionate to the offense imputed to her. After working for twenty (20) years with (PAL), and receiving numerous commendations and promotions at that, (De Veyra) does not deserve the penalty of dismissal for the violation of a company rule which, after all, is a common practice in the company. This is not to condone the alleged misstep committed by (De Veyra). It is merely to point out that in the light of the surrounding circumstances, dismissal is too severe a penalty. x x x."In the first place, the statement that De Veyra's violation of PAL's rule is a common practice in the company is misleading because of lack of proof. In the second place, the fact that De Veyra has worked with PAL for twenty (20) years, if it is to be considered at all, should be taken against her. The infraction that she committed, vis-a-vis her long years of service with the company, reflects a regrettable lack of loyalty. Loyalty that she should have strengthened instead of betrayed. If an employee's length of service is to be regarded as a justification for moderating the penalty of dismissal, it will actually become a prize for disloyalty, perverting the meaning of social justice and undermining the efforts of labor to cleanse its ranks of all undesirables (see Philippine Long Distance Telephone Company v. NLRC, et al., G.R. No. 80609, August 23, 1988, 164 SCRA 671).
ACCORDINGLY, the petition is hereby GRANTED. The decision of the National Labor Relations Commission dated November 29, 1988 and its resolution dated February 21, 1989 with respect to paragraphs (a) and (b) are hereby MODIFIED by declaring the dismissal of private respondent Carmencita Nannette G. De Veyra as valid; but AFFIRMED with respect to paragraph (c). The temporary restraining order issued on April 10, 1989 is made permanent.
SO ORDERED.
Narvasa, (Chairman), Cruz, and Grino-Aquino, JJ., concur.Gancayco, J., on leave.